20220805Comments.pdf

RILEY NEWTON
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. II2O2
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Street Address for Express Mail:
I 1331 W CHINDEN BLVD, BLDG 8, SUITE 2OI-A
BOISE, ID 83714
Attomey for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF AIRVOICE WIRELESS,
LLC'S DTBIA AIRTALK APPLICATION FOR
LIMITED DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER IN THE
STATE OF IDAHO
CASE NO. AVW-T-22-01
COMMENTS OF THE
COMMISSION STAFF
STAFF OF the ldaho Public Utilities Commission, by and through its Attorney of
record, Riley Newton, Deputy Attorney General, submits the following comments.
BACKGROUND
On March 23,2022, AirVoice Wireless, LLC dlblaAir Talk ("Company" or "AirVoice")
applied for Limited Designation as an Eligible Telecommunications Carrier ("ETC") in Idaho.
The Company filed additional supplements to its Application on April 22,2022, and on June 2,
2022, further elucidating its technical and financial capabilities. The Company seeks limited
designation, solely to provide Lifeline service.
The Company states that it is not eligible to seek access to funds from the federal
Universal Service Fund ("USF") "for the purpose of participating in the Link-Up program or
providing service to high-cost areas." Application at 4. The Company "requests that its
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1STAFF COMMENTS AUGUST 5,2022
designation as an ETC include the authority to participate in and receive reimbursement from the
Idaho Telephone Service Assistance Program ([']ITSAP["f)". Id. at 4-5.
The Company asserts it meets all federal and state requirements for designation as an
ETC and argues that designating the Company as an ETC is in the public interest. The Company
asks that the Commission grant it ETC status "expeditiously". Id. at 5.
The Application
"AirVoice is a Michigan limited liability company, with its principal office located at
9920 Brooklet Drive, Houston, Texas 77099." Id. at6. It is a wholly owned subsidiary of VTel
Holdings, LLC, a Texas limited liability company ("VTel"). Id. at 6. AirVoice provides
o'commercial mobile radio service ("CMRS")" and "prepaid wireless telecommunications
services to consumers by using the underlying wireless networks of AT&T Mobility LLC and
T-Mobile USA, Inc. (its "Underlying Carriers") on a wholesale basis." Id. The Company
"obtains the network infrastructure and wireless transmission facilities from its Underlying
Carriers to allow it to operate as a Mobile Virtual Network Operator ("M\rNO")." Id.
"AirVoice also provides non-Lifeline mobile phone services and is an approved provider of
broadband services under the [Federal Communications Commission's] [("]FCC's[")]
Affordable Connectivity Program (*"ACP")." Id.
AirVoice requests an "ETC designation that is statewide in scope to allow the Company
to provide Lifeline service wherever its underlying, facilities-based providers have wireless
coverage, including federally recognized tribal lands." Id. at 13-14. The Company asserts that it
meets the requirements of Section 2 la(eX I ) of the Federal Telecommunications Act to be
designated an ETC. Id. at 10.
AirVoice represents that it is entitled to ETC designation under 47 U.S.C. $ 214(e)(2),
which authorizes state commissions to designate wireless ETCs. Id. at9. The Company asserts
that it: (1) is a common carrier; (2) commits to and can provide services supported by federal
universal support mechanisms; (3) will advertise the availability of supported services in a
manner reasonably designed to reach those likely to qualiff; (4) is committed to consumer
protection and service quality standards; (5) is capable of remaining functional in emergencies;
(6) has the financial and technical capability to provide Lifeline service; and (7) will comply
with requirements imposed by this Commission. Id. at9-22. AirVoice represents that ETC
2STAFF COMMENTS AUGUST 5,2022
designation will further the public interest by providing Idaho consumers, especially low-income
consumers, with low prices and high-quality services. Id. at23. The Company notes, "whether
because of financial constraints, poor credit history, or intermittent employment, many low-
income consumers often lack the countless choices available to most consumers and thus have
yet to reap the full benefits of the intensely competitive wireless market." Id.
The Company states it seeks to be a Lifeline-only ETC, and "it will not (and is not
eligible to) seek access to funds from the federal USF to participate in the Link-Up program or
provide service to high-cost areas." Id. at 4. The Company also seeks Commission authorization
to participate in and receive reimbursement from ITSAP. 1d.
AirVoice's Lifeline Service Offerings
"AirVoice's Lifeline customers will be low-income consumer households . . . .- Id. at8.
'oAirVoice will provide affordable prepaid mobile phone service and high-quality customer
service." Id. "AirYoice's service offering will include: (l) local and long-distance calling; (2)
access to the following custom calling features at no charge: (a) Caller ID; (b) Call Waiting; (c)
Call Forwarding; (d) 3-Way Calling; and (e) Voicemail; (3) text messaging; (4) broadband
access; and (5) the option for a consumer to bring their device . . ." Id. The Company states that
it "may offer user-friendly handsets or hotspot devices." Id. "AirYoice's products and plans
will be specially geared toward serving lower-income communities, especially in rural areas that
are predominantly unserved by other ETCs designated in the state, and its service models and
pricing plans will reflect this mission." Id. at8.
STAFF RE\IEW
Staff reviewed AirVoice's Application. Staff analyzed the Company's fulfillment of the
Federal Telecommunications Act of l996,the FCCs regulations, and Commission Order No.
29841. The specific state and federal requirements for ETC designation are discussed in more
detail as follows:
JSTAFF COMMENTS AUGUST 5,2022
Public Interest Considerations
Staff applies a two-prong test when analyzing whether a company's ETC Application is
in the public interest. First, Staff determines whether the company contributes to Idaho funds.
Second, Staff analyzes whether the company's Application raises "cream skimming" concerns.
In its Application, AirVoice confirmed that upon approval as an ETC in Idaho, it would
participate in the appropriate Idaho programs, specifically the ITSAP program. See Application
at 4-5. The Company requests ETC designation that is statewide in scope. Id. at 13-14.
Therefore, no cream skimming analysis is required. Thus, Staff believes AirVoice satisfies the
public interest considerations.
Tribal Notification
Pursuant to Commission Order No. 35126, an ETC applicant seeking ETC designation
for any part of tribal lands shall provide a copy of its application to the affected tribal
government or tribal regulatory authority, as applicable, at the time it files its application with
the Commission. Evidence of such notification shall be provided to the Commission. AirVoice
provided copies of the USPS-certified mail that it sent to the authorities of the tribal land. Staff
believes these comply with Commission OrderNo. 35126.
Network Improvement Plan
The Commission requires a two-year network improvement and progress report from all
ETCs receiving high-cost support. Order No. 29841 at 18. However, the Commission
determined in Cricket Communications, Inc.'s ETC Application in Case No. CRI-T-11-01 that a
two-year network improvement plan did not apply to Lifeline-only ETCs. Order No. 32501.
In the USF/ICC Transformation Order, the FCC amended 47 C.F.R. 5 54.202 to clarifu
that a corlmon carrier seeking designation as a Lifeline-only ETC is not required to submit a
five-year network improvement plan as part of its application for designation as an ETC.
Lifeline-only ETCs do not receive high-cost funds to improve or extend networks, therefore the
FCC "saw little purpose in requiring such plans as part of the ETC designation process."l
I See Lifeline and Link up Reform and Modernization et al, WC Dkt No. I l-41 et al. Report and Order and Further
Notice of Proposed Rulemaking, FCC l2-l I at para 386.
4STAFF COMMENTS AUGUST 5,2022
AirVoice's Application seeks only low-income USF support as a Lifeline-only ETC. Thus, Staff
agrees that a network improvement plan is not a requirement for AirVoice's ETC Application.
Ability to Remain Functional in Emergencies
The Company states that it can remain functional in emergencies per Commission Order
29841 and FCC requirement 47 C.F.R, $ 5a.202(a)(2). Id at 17. AirVoice asserts that it "will
utilize the extensive and well-established network facilities of Tier I wireless carriers to provide
its Lifeline services." 1d Thus, because of this, the Company will be able to provide the same
ability to remain functional in emergencies as the underlying carriers provide to its customers.
1d Namely, the Company asserts that the underlying carrier networks "have access to a
reasonable amount of backup power to ensure functionality without an external power source,
can reroute traffic around damaged facilities, and are capable of managing traffic spikes resulting
from emergencies." Id. at 17. Staff agrees that AirVoice satisfies this requirement.
Other ETC Designation Requirements
Additional requirements for ETC designation are detailed in Appendix I of Order No.
29841and are discussed in more detail below:
l. Common Carrier Status. AirVoice is a common carrier as defined in U.S.C. Title
47. Id. at 12.
2. Provide Universal Services. AirVoice will provide all required services and
functionalities as outlined in Section 54.101(a) of the FCC's Rules (47 C.F.R. $
5a.101(a)). Id. at 12-14.
3. Advertising. AirVoice will advertise the availability and rates for its services
described in the Application through media of general distribution as required by
47 U.S.C. $ 21a(eXl)(B). Id. at 15.
4. A Commitment to Consumer Protection and Service. AirVoice commits to
satisffing all such applicable state and federal requirements related to consumer
protection and service quality standards, including compliance with the Cellular
Telecommunications and Internet Association's Consumer Code for Wireless
Service as required by 47 C.F.R. $ 5a.202(a)(3). Id. at 17.
5STAFF COMMENTS AUGUST 5,2022
5. Description of the Local Usage Plan. AirVoice will offer a Lifeline service plan.
Exhibit l. Furthermore, the Company will meet or exceed the minimum service
standards outlined in 47 C.F.R. $ 54.408, including as such standards are updated
going forward. Id. at 16.
STAFF RECOMMENDATIONS
Based on its review of the Company's Application and all of the additional filings, Staff
believes that the Company demonstrated its commitment to fulfilling the obligations of a
Lifeline-only ETC in Idaho. The Company will provide all universal services supported by the
federal USF throughout its service territory. It has addressed the public interest questions that
accompany an ETC Application. AirVoice will provide multiple pricing plans, which will
increase consumer choice for low-income telephone services in Idaho. Currently, the
Commission has granted wireless ETCs access to participate in the State's ITSAP program, so
Staff supports allowing AirVoice to participate in the TTSAP program. Thus, Staff believes
AirVoice's Application for designation as an ETC is in the public interest and should be
approved for the entire State ofldaho as the service area.
Respectfully submitted this S.tln'
day of August2022
(ur,Deputy Attomey General
Technical Staff: Johan Kalala-Kasanda
i :umisc/comments/avwt22. I mjk comments
6STAFF COMMENTS AUGUST 5,2022
CERTIFICATE OF SERVICE
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SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. AVW.T-22-OI, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
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